Page:United States Statutes at Large Volume 112 Part 3.djvu/171

 PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2001 promotion by a promotion board was not so considered, the Secretary shall convene a special selection board under this subsection. to determine whether that person (whether or not then on active duty) should be recommended for promotion."; (2) in paragraph (2), by striking out "the officer as his record" in the first sentence and inserting in lieu thereof "the person whose name was referred to it for consideration as that record"; and (3) in paragraph (3), by striking out "an officer in a grade" and all that follows through "the officer" and inserting in lieu thereof "a person whose name was referred to it for consideration for selection for appointment to a grade other than a general officer or flag officer grade, the person". (b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR MANNER.— Subsection (b) of such section is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: " (b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR MANNER.— (1) If the Secretary of the military department concerned determines, in the case of a person who was considered for selection for promotion by a promotion board but was not selected, that there was material unfairness with respect to that person, the Secretary may convene a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommended for promotion. In order to determine that there was material unfairness, the Secretary must determine that— "(A) the action of the promotion board that considered the person was contrary to law or involved material error of fact or material administrative error; or "(B) the board did not have before it for its consideration material information."; (2) in paragraph (2), by striking out "the officer as his record" in the first sentence and inserting in lieu thereof "the person whose name was referred to it for consideration as that record"; and (3) in paragraph (3)— (A) by striking out "an officer" and inserting in lieu thereof "a person"; and (B) by striking out "the officer" and inserting in lieu thereof "the person". (c) CONFORMING AMENDMENTS.— (1) Subsection (c) of such section is amended— (A) by inserting "REPORTS OF BOARDS. —" after "(c)"; (B) by striking out "officer" both places it appears in paragraph (1) and inserting in lieu thereof "person"; and (C) in paragraph (2), by adding the following new sentence at the end: "However, in the case of a board convened under this section to consider a warrant officer or former warrant officer, the provisions of sections 576(d) and 576(f) of this title (rather than the provisions of section 617(b) and 618 of this title) apply to the report and proceedings of the board in the same manner as they apply to the report and proceedings of a selection board convened under section 573 of this title.". (2) Subsection (d)(1) of such section is amended— (A) by inserting "APPOINTMENT OF PERSONS SELECTED BY BOARDS.— " after "(d)";

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